Georgia: Divorce VS Annulment

Couples residing in the State of Georgia who want to dissolve their marriage have only three options to choose from: divorce; annulment; or a decree of separate maintenance granted by courts. Those who want to have the union nullified as if it never happened in the first place opt to file for annulment. This is a ground if one or both parties were defrauded and forced into marriage.

However, an annulment will prove to be difficult to gain if there are children born of the marriage.The Georgia State Family Law states that in this case, the marriage may only be dissolved by divorce. Although it is possible for a couple to live apart without divorcing, it is better to do so for the convenience of both parties.

Based on law, the parties not wishing to divorce may file a separate maintenance action but remains legally married. This, however, will prove to create complications should both or one of them seek remarriage to other people.

This also curtails the financial freedom for one of the spouses. In cases like these, the court will ask one spouse to pay alimony to the other thus creating a dependency of sorts. Unlike in a divorce, the properties will be divided accordingly between the spouses. This is the reason why many opt to take the divorce route,

On the other hand, the law also states that one does not necessarily have to go to court to get a divorce. An agreement may be drawn up between the spouses to resolve all pertinent issues including finances, division of property and custody of children. The agreement becomes the couple’s settlement and must be presented to the court for approval thereby concluding the lawsuit. Matters of child custody and parenting time, however, is always determined by a judge.

Should the complaint be uncontested, divorce may be granted 31 days after serving the defendant. It would take many months if there are disagreements.The spouses should also opt to request for a temporary hearing to thresh out arrangements regarding children and property.

An order issued by the judge to effect these temporary arrangements may also be made to prevent the transfer and selling of assets until the final trial.